Dental Implants and Nerve Damage Is It Malpractice?​

dentist fixing patients teeth

Experts have explained that dental implants are often the last resort in attempting to correct mouth and tooth complications that may harm the remaining teeth and gums inside. When the dental implant or medication lead to nerve damage and severe problems, it is important to investigate if these instances are part of malpractice or errors in judgment. 

A form of reasonable treatment plan is often part of the standard of care in dental processes for a patient. However, there are times when this person suffers through nerve damage and various other complications when the dentist is not thorough or providing enough care. Sometimes, the most the dentist needs to accomplish is to provide a referral. A refunded fee for care and the appointment is generally part of patient care when the standard duty owed to the patient is not kept. However, other times, more of a remedy comes through compensation for the ill-treatment or negligence in the treatment provided.

Expert Analysis in Nerve Damage

When a case starts, the expert hired for the claim usually performs an analysis of the situation. He or she may need to study the dental records and the mouth of the affected client. This coupled with all other evidence will suggest a plan of action against the defending dentist in question. The primary concern is if malpractice exists for the case to have any chance of succeeding. Without showing the four elements of malpractice with a medical practitioner, the claim often is lost before it begins. This requires a duty of care breached through the actions of the dentist that caused the injury directly. Then, the lawyer and expert must demonstrate the cause connected to the dentist which led to the injury.

What Is Malpractice in Dental Implants?

For medical and dental treatment to lead to malpractice, the dentist or doctor must breach his or her duty of care owed to the patient. The injury resulting from the breach must have a direct cause involving the doctor. Usually, this is because negligence occurred in some form. Dental implants that injure the mouth or teeth of the patient may result in a strong malpractice claim when the dentist is aware that injury could occur through is or her actions. However, if there were factors outside of his or her realm of knowledge or awareness, the incident could have been an accident. Additionally, if the dentist was performing to his or her standards of care and taking all precautions, the claim may fail to pass the initial stage of assessment.

A knowledge or disregard of safety to possible injury usually must exist for negligence to occur with dental implants and other procedures. Any damage resulting from these actions is through negligent activity on the part of the dentist. He or she or an assistant working for him or her could have caused the issue or did not take the necessary precautions to avoid harm. This negligence breaches the duty of care. It is possible if only an assistant was in attendance and no visit from the dentist occurred that both the assistant and dentist could face a litigation claim for the injury resulting from negligent care.

Filing Suit in Dental Implants

When there is negligence for a malpractice suit, the victim usually requires the services of a lawyer to proceed. He or she will usually need to take advantage of free consultations to determine if the claim has enough strength to proceed. This may involve assessing the medical treatment, injury, and details of the negligence. Through checking with the medical documents, the claim could prove valid and have strong information to proceed to the next stage. Any connected witnesses will need interviews for statements and further details about the issue. These could range from a family member that was present to a medical doctor that supplied additional treatment.

Dental Malpractice and the Lawyer’s Help

Once the claim appears valid and the injuries confirmed through documentation, the victim may attempt to gather further evidence with a lawyer. Any other involved parties may become part of the proceedings such as an assistant. If any drug prescriptions were part of the harm, a pharmaceutical attendant may also require interviewing.

Once the lawyer’s hire is complete, he or she will provide care to ensure that the rights of the client are taken care of during the entire case. He or she will communicate with the client throughout the process and attempt to prove malpractice to the judge or jury. 

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